The Success Of A Constitution Essay

The Success Of A Constitution Essay

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The success of a constitution is dependent upon its ability to evolve’. Discuss (50 marks) - June 2010
A constitution is a body of fundamental principles according to which a state or other organization is acknowledged to be governed. The UK and U.S are polar opposites in terms of their constitutions. The UK has a uncodified constitution which means the fundamental rules are often take the form of customs, usage, precedent and a variety of statutes and legal instruments, this type of constitution is only present in 3 countries New Zealand, Israel and the UK. However the U.S has a codified constitution which means it has a formal document defining the rules that govern the political system and the rights of citizens and governments, this type of constitution is more widely used. Iraq used the U.S codified constitution for the basis of their countries own constitution. There are many ways to measure the success of a constitution and the word “success” is defined differently by many people; Abraham Lincoln thought the success of a constitution depended on its ability to “safeguard are liberties”. While one way of measuring its success may be its ability to evolve there are other factors that measure the success of a constitution such as its clarity, protection of rights and separation of powers which I will elaborate on in this essay.
The success of a constitution is dependent upon its ability to evolve. In the U.S because they have a codified constitution it is difficult for their constitution to evolve, both the Senate and the House of representatives need a 2/3 majority in order for the constitution to be amended which is difficult because of the different ideologies of the Republicans and Democrats. However in the UK because we ...


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...upport, proxy wars or cyber warfare. Also there is individual ministerial responsibility that has caused a lot of controversy in recent years, even though the constitutional convention states that a cabinet minister bears the ultimate responsibility for the actions of their ministry or department, Theresa May the Home Secretary told MPs in 2011 she would not resign over revelations that UK border checks were relaxed over a four month period even though the constitutional convention stated she had to. If the success of a constitution was solely measured by its clarity it cannot be disputed the U.S codified constitution would be considered a success as opposed to the UKs uncodified constitution. However the success of a constitution cannot be solely judged by its clarity as seen by the failure of the written constitutions with the Third and Fourth Republic in France.


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